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Webster 1913 Edition


Nonsuit

Non′suitˊ

,
Noun.
(Law)
A neglect or failure by the plaintiff to follow up his suit; a stopping of the suit; a renunciation or withdrawal of the cause by the plaintiff, either because he is satisfied that he can not support it, or upon the judge’s expressing his opinion. A compulsory nonsuit is a nonsuit ordered by the court on the ground that the plaintiff on his own showing has not made out his case.

Non′suitˊ

,
Verb.
T.
[
imp. & p. p.
Nonsuited
;
p. pr. & vb. n.
Nonsuiting
.]
(Law)
To determine, adjudge, or record (a plaintiff) as having dropped his suit, upon his withdrawal or failure to follow it up.
“When two are joined in a writ, and one is nonsuited.”
Z. Swift.

Non′suitˊ

,
Adj.
Nonsuited.
D. A. Tyng.

Webster 1828 Edition


Nonsuit

NON'SUIT

,
Noun.
In law, the default, neglect or non-appearance of the plaintiff in a suit, when called in court, by which the plaintiff signifies his intention to drop the suit. Hence a nonsuit amounts to a stoppage of the suit. A nonsuit differs from a retraxit; a nonsuit is the default or neglect of the plaintiff, and after this he may bring another suit for the same cause; but a retraxit is an open positive renunciation of the suit, by which he forever loses his action. [See the Verb.]

NON'SUIT

,
Verb.
T.
To determine or record that the plaintiff drops his suit, on default of appearance when called in court. When a plaintiff being called in court, declines to answer, or when he neglects to deliver his declaration, he is supposed to drop his suit; he is therefore nonsuited, that is, his non-appearance is entered on the record, and this entry amounts to a judgment of the court that the plaintiff has dropped the suit.
When two are joined in a writ, and one is nonsuited--

NON'SUIT

,
Adj.
Nonsuited.
The plaintiff must become nonsuit.